Effective Date: November 2024
These Terms of Service (“Terms”) represent a contractual relationship (“Agreement”) between you, the customer (“User,” “You”), and TopOff Services, LLC (“TopOff Services, LLC,” “TopOff,” “we,” or “us”), a Utah-based company doing business as TopOff. By using our website, mobile application, or any related services, you agree to these Terms and our Privacy Policy.
By accessing or using TopOff’s website, mobile application, and services, you are agreeing to these Terms and the collection of data as described in our Privacy Policy. Please review this Agreement carefully. If you do not agree to any part of these Terms, you should discontinue using TopOff’s services. Use of the website, mobile applications, and services constitutes acceptance of the terms and conditions.
TopOff Services, LLC offers mobile fuel delivery directly to your location in Utah County, including but not limited to Provo, Orem, Lehi, Spanish Fork, and surrounding areas. Our services include on-demand fuel delivery, scheduled refills, and overnight fill-ups for various vehicles and equipment, such as cars, trucks, RVs, boats, generators, jerry cans, and more. We deliver Regular, Premium, Diesel, and Ethanol-free fuels. Each delivery may include additional services, including but not limited to an optional tire pressure check and windshield washer fluid top-off.
TopOff Services, LLC reserves the right to modify or update these Terms to reflect changes in our services, operations, or legal requirements. We will notify you of any significant changes to these Terms, and by continuing to use our services, you agree to the updated Terms. If you do not agree with any changes, please discontinue your use of the service. Continued use of the website, mobile applications, and services constitutes acceptance of the terms and conditions.
When creating an account on our platform, you are responsible for maintaining the confidentiality of your login credentials and assume all liability for any activity conducted through your account. If you suspect any unauthorized activity, contact us immediately so we can address the issue.
Free Cancellation: Services can be canceled without any charge up to 1 hour before the scheduled delivery time or until the driver has started en route to the delivery address.
No Cancellations Allowed Upon Driver Departure: If the driver has already begun navigating to the delivery address, cancellations will not be accepted, and a $20 non-delivery service charge will be applied if the delivery cannot be completed.
A $20 non-delivery service charge will apply if TopOff is unable to complete the fuel delivery for reasons outside of TopOff’s control, including but not limited to:
~Incorrect or inaccessible address
~Inability to confirm or access the vehicle
~Locked gas cap or fuel door
~Incorrect fuel type specified
~Locked garages or inaccessible parking
~Non-functional door or gate codes
~Damage to the vehicle that prevents service
Acts of God or other unforeseen natural events will not incur a non-delivery service charge, but all other cases will be determined at the sole discretion of TopOff Services, LLC.
Final Sale: All subscription purchases are final, with no partial refunds or proration available.
Account and Payment Management: Subscribers are responsible for maintaining valid payment information on file. Expired credit cards or other failed payments will not automatically cancel the subscription, and any unpaid balances will continue to accrue.
Reauthorization Requirement: Fuel delivery services will only be provided if the payment method on file is successfully reauthorized before each delivery. TopOff reserves the right to suspend services until payment authorization is restored.
Subscription Management: It is the subscriber’s responsibility to cancel their subscription through their TopOff account.
Subscription Period: Subscriptions will remain active until the end of the current billing period (end of the month) even if canceled mid-month. No credits or refunds will be applied for unused days.
Non-Rolling Credits: Credits associated with subscriptions do not roll over to the next month. Unused credits will expire at the end of each calendar month and reset for the following month based on subscription details.
TopOff services are available only within designated service areas in Utah County, USA. Service availability may depend on local regulations, fuel availability, weather conditions, and safety considerations. For roadside assistance, TopOff does not work with insurance companies to bill for services rendered. “Approved” orders does not provide a guarantee of service. If the need arises, TopOff will inform you of necessary changes or limitations in servicing for your order. We will inform you promptly if we are unable to fulfill your order and provide any refunds if necessary.
Our app may allow you to create an account using third-party sign-on options (e.g., Google, Facebook). By using these services, you agree to abide by their respective Terms and Privacy Policies. TopOff Services, LLC assumes no liability for any actions taken by these third-party providers.
All content on our website, app, and other materials related to TopOff, including logos, designs, text, graphics, software, and data, are owned by TopOff Services, LLC and protected under U.S. copyright laws. You may not modify, copy, or create derivative works based on any part of our services without our express written permission.
Our services may contain links to third-party websites for your convenience. However, we do not endorse or assume any responsibility for the content or services offered by these sites. If you choose to leave our service and visit a third-party site, our Terms and Policies no longer apply.
TopOff’s services are provided “as is” and “as available.” We make no warranties regarding the quality, availability, or fitness of our services for a particular purpose. To the extent permitted by law, we disclaim all warranties, express or implied, including but not limited to merchantability and fitness for a particular purpose.
TopOff Services, LLC will not be liable for any indirect, incidental, punitive, or consequential damages arising from your use of our services, including but not limited to personal injury or property damage. Our total liability to you will not exceed the amount paid for our services. If any damages result from service delivery, please report them within 24 hours for a review.
You agree to indemnify and hold TopOff Services, LLC harmless from any claims, damages, or expenses arising out of your use of the services, including any legal fees incurred due to violations of these Terms.
These Terms are governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles.
Any disputes arising under these Terms shall be resolved through binding arbitration in Utah County, Utah, in accordance with the rules of the American Arbitration Association. Both parties waive the right to pursue a class action lawsuit. Any claims related to intellectual property rights, including copyrights and trademarks, are excluded from arbitration.
For matters not subject to arbitration, any lawsuits related to these Terms shall be brought exclusively in the state or federal courts located in Utah County, Utah. By using TopOff’s services, you consent to this jurisdiction.
TopOff Services, LLC, in our sole discretion, reserves the right to terminate or suspend your account for any reason, at any time. We may also restrict service if required by law or in response to violations of our policies.
By scheduling a fuel delivery, you acknowledge and accept the following conditions:
~Your vehicle must be easily accessible for delivery.
~Your vehicle must be accessible within 50ft of a working road, driveway or public access point where our delivery vehicles may access.
~The fuel door or gas cap must be unlocked, and any necessary access instructions must be provided.
~For safety, you must ensure no flammable materials or other hazardous conditions exist near the vehicle.
Failure to comply with these conditions may result in a rescheduling fee or service refusal.
You agree to allow TopOff Services, LLC to charge your selected payment method upon confirmation of the delivery. A pre-authorization hold of $100, or the maximum fuel capacity times the median gas price on the day of delivery may be applied for each order to secure funds, which will adjust based on the final amount delivered.
For questions, support, or to report any issues with our service, please contact TopOff customer support via email at support@trytopoff.com.
These Terms represent the complete agreement between you and TopOff Services, LLC, and supersede all prior agreements regarding the use of our services.
View our Privacy Policy here.
Copyright © 2024 TopOff Services, LLC- All Rights Reserved
Service Areas:
Vineyard | Orem | Provo | PG | Lindon UT
Phone: (801) 900-3715
Email: info@trytopoff.com
